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Human Rights Defenders File Suit Over Trump's 'Unconstitutional' ICC Sanctions
An advocate who has worked with the ICC said the order "actively undermines international justice efforts and obstructs the path to accountability for communities facing unthinkable horrors."
Apr 12, 2025
In a federal court in Maine on Friday, two human rights advocates argued that U.S. President Donald Trump's economic and travel sanctions against International Criminal Court Prosecutor Karim Khan violates their First Amendment rights, because of Trump's stipulation that U.S. citizens cannot provide Khan with any services or material support as long as the sanctions are in place.
The lawsuit was filed by the ACLU on behalf of Matthew Smith, co-founder of the human rights group Fortify Rights, and international lawyer Akila Radhakrishnan.
Trump targeted Khan with the sanctions over his issuing of an arrest warrant for Israeli Prime Minister Benjamin Netanyahu and former Israeli Defense Minister Yoav Gallant, whom he accused of war crimes and crimes against humanity in Gaza.
The plaintiffs argued that stopping U.S. citizens from working with Khan will bring their work investigating other atrocities to a halt.
Smith has provided the ICC with evidence of the forced deportation and genocide of the Rohingya people in Myanmar, but he said he has been "forced to stop helping the ICC investigate horrific crimes committed against the people of Myanmar, including mass murder, torture, and human trafficking."
"This executive order doesn't just disrupt our work—it actively undermines international justice efforts and obstructs the path to accountability for communities facing unthinkable horrors," Smith said in a statement.
"The Trump administration's sanctions may discourage countries, as well as individuals and corporations, from assisting the court, making it harder to bring alleged perpetrators from Israel and other countries to trial."
Charlie Hogle, staff attorney with the ACLU's National Security Project, said it was "unconstitutional" to block the plaintiffs and other humanitarian groups in the U.S. from "doing their human rights work" with the ICC.
Radhakrishnan, who focuses on gender-based violence in Afghanistan, said she was "bringing this suit to prevent my own government from punishing me for trying to hold the Taliban accountable for its systematic violence against women and girls from Afghanistan."
In March, Amnesty International warned that Trump's sanctions would "hinder justice for all victims for whom the [ICC] is a last resort," particularly those in Gaza and the occupied Palestinian territories.
The court "relies on its member states to cooperate in its investigations and prosecutions, including by arresting individuals subject to ICC arrest warrants," said Amnesty. "The Trump administration's sanctions may discourage countries, as well as individuals and corporations, from assisting the court, making it harder to bring alleged perpetrators from Israel and other countries to trial."
"Ultimately, the sanctions will harm all of the ICC's investigations, not just those opposed by the U.S. government," said the group. "They will negatively impact the interests of all victims who look to the court for justice in all the countries where it is conducting investigations, including those investigations the U.S. ostensibly supports—for example in Ukraine, Uganda, or Darfur."
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'Dystopian' Trump Plan for Massive Expansion of ICE Detention Centers Exposed
"This expansion is a disastrous waste of billions of taxpayer dollars that will only line the coffers of the private prison industry," said one ACLU attorney.
Apr 11, 2025
The ACLU on Friday revealed new details about the Trump administration's plans to expand Immigration and Customs Enforcement detention centers in 10 states across the nation, with private prison corporations—whose share prices soared after the election of President Donald Trump—seeking to run at least a half dozen proposed ICE facilities.
The documents, obtained via a Freedom of Information Act request, "signal a massive expansion of ICE detention capacity—including at facilities notorious for misconduct and abuse—which echo reports earlier this week that the Trump administration has sought proposals for up to $45 billion to expand immigrant detention," ACLU said.
"The discovery also comes on the heels of a 'strategic sourcing vehicle' released by ICE earlier this month, which called for government contractors to submit proposals for immigration detention and related services," the group added.
The more than 250 pages of documents obtained by the ACLU "include information regarding facility capacity, history of facility use, available local transport, proximity to local hospitals, immigration courts, and transport, as well as access to local consulates and pro bono legal services."
"Specifically, the documents reveal that Geo Group, Inc. (GEO) and CoreCivic submitted proposals for a variety of facilities not currently in use by ICE," ACLU said.
These include:
- McFarland Detention Center in McFarland, California;
- California City Correctional Center in California City, California;
- North Lake Correctional Center in Baldwin, Michigan;
- Midwest Regional Reception Center in Leavenworth, Kansas;
- Lea County Detention Center in Hobbs, New Mexico; and
- South Texas Family Residential Center in Dilley, Texas.
GEO, CoreCivic, and Management Training Corporation (MTC) "also sought to renew contracts at current ICE detention facilities" in California, Nevada, New Mexico, Texas, and Washington, according to the files.
"The documents received provide important details regarding what we have long feared—a massive expansion of ICE detention facilities nationwide in an effort to further the Trump administration's dystopian plans to deport our immigrant neighbors and loved ones," said Eunice Cho, senior staff attorney at the ACLU's National Prison Project.
"This expansion is a disastrous waste of billions of taxpayer dollars that will only line the coffers of the private prison industry," Cho added.
Indeed, GEO shares have nearly doubled in value since Trump's election, while CoreCivic stock is up 57% over the same period.
Unlike state prisons or country and local jails, which are accountable to oversight agencies, privately operated ICE detention centers are not subject to state regulation or inspection. And although Department of Homeland Security detainees are not convicted criminals and ICE detention centers are not technically prisons, the facilities are plagued by a history of abuse, often sexual in nature, and sometimes deadly.
During Trump's first term, groups including the ACLU sounded the alarm on the record number of detainee deaths in ICE custody, and scandals—including the separation of children from their parents or guardians and forced sterilization of numerous women at an ICE facility in Georgia—sparked widespread outrage and calls for reform from immigrant rights defenders.
However, abuses continued into the administration of former President Joe Biden, including "medical neglect, preventable deaths, punitive use of solitary confinement, lack of due process, obstructed access to legal counsel, and discriminatory and racist treatment," according to a 2024 report published by the National Immigrant Justice Center. Biden also broke a campaign promise to stop holding federal prisoners and immigration detainees in private prisons.
Since Trump took office in January after being elected on a promise to carry out the largest deportation campaign in U.S. history, fresh reports of ICE detainee abuse and poor detention conditions have been reported. These include
alleged denial of medical care, insufficient access to feminine hygiene products, and rotten food at the South Louisiana ICE Processing Center in Basile, Louisiana, where Tufts University Ph.D. student and Palestine defender Rümeysa Öztürk is being held without charge.
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Memo Shows Trump Admin Targeted Mahmoud Khalil 'Solely Because It Disagrees With His Speech'
"Controversial speech is not illegal, and political speech that criticizes the Israeli government or U.S. foreign policy is constitutionally protected," said the NYCLU's interim legal director.
Apr 10, 2025
An attorney for former Columbia University student organizer Mahmoud Khalil said Thursday that a memo submitted to an immigration judge shows that the U.S. government "is clearly going after Mahmoud and persecuting him for exercising his First Amendment rights."
"After a month of hiding the ball since Mahmoud's late-night unjust arrest in New York and taking him away to a remote detention center in Louisiana, immigration authorities have finally admitted that they have no case whatsoever against him," the lawyer, Marc Van Der Hout, said in a statement about a two-page memo from the U.S. Deparment of State that was published by The Associated Press.
Plainclothes federal agents accosted Khalil, a green-card holder who finished his graduate studies at Columbia last year, and his pregnant wife—Noor Abdalla, a U.S. citizen—at their building in New York City on March 8 and took him into custody. Abdalla has said that "this felt like a kidnapping because it was," and Khalil calls himself a "political prisoner."
As Van Der Hout explained Thursday: "The government has charged Mahmoud with a rarely used provision of the immigration laws targeting the deportation of even lawful permanent residents like Mahmoud—but Secretary of State Marco Rubio has provided no proof or evidence that these charges bear any viability against Mahmoud. Further, Secretary Rubio has shown that this is merely about targeting Mahmoud's free speech rights about Palestine."
"If anything, this document only underscores the startling escalation of Trump's war on dissent and efforts to remove people who disagree with him or U.S. policy."
The AP noted that "a Department of Homeland Security spokesperson, Tricia McLaughlin, did not respond to questions about whether it had additional evidence against Khalil, writing in an emailed statement, 'DHS did file evidence, but immigration court dockets are not available to the public.'"
Rubio's memo was submitted to Judge Jamee Comans ahead of an immigration court hearing scheduled for Friday in Jena, Louisiana—and after the judge said earlier this week that the federal government "either can provide sufficient evidence or not," and "if he's not removable, I'm going to terminate this case."
The memo suggests campus protests against the U.S.-backed Israeli assault on Palestinians in the Gaza Strip were inherently discriminatory against Jewish people, stating that Rubio determined the activities and presence of Khalil and another lawful permanent resident whose name is redacted "would have potentially serious adverse foreign policy consequences and would compromise a compelling U.S. foreign policy interest."
"These determinations are based on information... regarding the participation and roles of [redacted] and Khalil in antisemitic protests and disruptive activities, which fosters a hostile environment for Jewish students in the United States," the memo continues. "The public actions and continued presence of [redacted] and Khalil in the United States undermine U.S. policy to combat antisemitism around the world and in the United States, in addition to efforts to protect Jewish students from harassment and violence in the United States."
Van Der Hout said that "an immigration judge would have to find that the secretary of state has 'reasonable ground' to believe that the immigrant's presence or activities in the U.S. 'would have potentially serious adverse foreign policy consequences,' and that his presence—though he has only engaged in lawful conduct that is protected by the First Amendment—'compromise[s] a compelling United States foreign policy interest,' which purportedly justifies the government's ability to override the U.S. Constitution's free speech clause. But Rubio cites no real foreign policy issues or evidence whatsoever, and it is critically important to note that the U.S. government is always constrained by the Constitution, regardless of what its officials might think."
"The two-page memo, which was obtained by The Associated Press, does not allege any criminal conduct by Khalil" "Rather, Rubio wrote Khalil could be expelled for his beliefs." Free this man immediately. apnews.com/article/mahm...
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— Adil Haque (@adhaque.bsky.social) April 10, 2025 at 2:13 PM
In addition to Van Der Hout's firm, Khalil is represented by Dratel & Lewis, the Center for Constitutional Rights (CCR), the Creating Law Enforcement Accountability & Responsibility (CLEAR) project, New York University Immigrants' Rights Clinic, and the national, New Jersey, and New York arms of the ACLU.
Molly Biklen, interim legal director at the NYCLU, said that Rubio's memo "underscores that the government has ripped Mahmoud Khalil from his home and nine-months pregnant wife, Dr. Noor Abdalla, solely because it disagrees with his speech. Controversial speech is not illegal, and political speech that criticizes the Israeli government or U.S. foreign policy is constitutionally protected."
The New York Timesreported earlier this week that under President Donald Trump, nearly 300 students have had visas revoked and could face deportation. Biklen said that "if anything, this document only underscores the startling escalation of Trump's war on dissent and efforts to remove people who disagree with him or U.S. policy. It's nothing more than a naked attack on all of our free speech rights."
Khalil's immigration case is occurring alongside a federal court battle in New Jersey, where his lawyers are arguing that he has been unlawfully detained. Referencing the latter proceedings, CCR staff attorney Samah Sisay said that the Rubio memo "shows that the secretary of state's determination that Mr. Khalil is deportable is based solely on his free speech activities as he has alleged in his habeas litigation."
"The government has not stated any legitimate foreign policy interest that is negatively impacted by Mr. Khalil but instead erroneously attributes prejudiced views to him for participating in the student encampment at Columbia University and speaking out against the United States' support of Israel's genocide in Gaza," Sisay added. "The government has not met its burden, and Mr. Khalil should be released."
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